Digital Envoy Inc., v. Google Inc., Doc.

235
Case 5:04-cv-01497-RS Document 235 Filed 07/13/2005 Page 1 of 5

P. CRAIG CARDON, Cal. Bar No. 168646

BRIAN R. BLACKMAN, Cal. Bar No. 196996
KENDALL M. BURTON, Cal. Bar No. 228720
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
Four Embarcadero Center, 17th Floor
San Francisco, California 94111-4106
Telephone: 415-434-9100
Facsimile: 415-434-3947

TIMOTHY H. KRATZ (Admitted Pro Hac Vice)

LUKE ANDERSON (Admitted Pro Hac Vice)
MCGUIRE WOODS, L.L.P
1170 Peachtree Street, N.E., Suite 2100
Atlanta, Georgia 30309
Telephone: 404.443.5500
Facsimile: 404.443.5751
Attorneys for DIGITAL ENVOY, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
DIGITAL ENVOY, INC., Case No. C 04 01497 RS
Plaintiff/Counterdefendant, STIPULATION AND [PROPOSED]
ORDER RE: AMENDING SCHEDULING
v. ORDER
GOOGLE, INC.,
Defendant/Counterclaimant.

-3-
STIPULATION AND ORDER SPECIALLY SETTING
HEARING ON DIGITAL ENVOY'S MOTIONS
Dockets.Justia.com
Case 5:04-cv-01497-RS Document 235 Filed 07/13/2005 Page 2 of 5

Digital Envoy, Inc. (“Digital Envoy”) and Google Inc. (“Google”) submit, through their

counsel of record, this stipulation and proposed order to amend the Case Scheduling Order entered
by the Court in this matter on August 27, 2004, and amended by Order of the Court on April 11,
2005.
1. Digital Envoy has moved to compel further responses from Google to certain of

Digital Envoy’s discovery requests;

2. Digital Envoy’s motions to compel remain pending before the Court;
3. Digital Envoy contends that the upcoming dates for expert disclosure and discovery
are related to and will be affected by the Court’s rulings on Digital Envoy’s motions to compel on
which the Court has not yet ruled;
4. Digital Envoy, therefore, respectfully requests, and Google does not object, that the
Court amend the Scheduling Order as follows:

a. On or before July 28, 2005, plaintiff shall disclose expert testimony and reports in
accordance with Federal Rule of Civil Procedure 26(a)(2);

b. On or before August 12, 2005, defendant shall disclose expert testimony and
reports in accordance with Federal Rule of Civil Procedure 26(a)(2);

c. On or before September 12, 2005, all discovery of expert witnesses pursuant to

Federal Rule of Civil Procedure 26(b)(4) shall be completed.

The Case Scheduling Order, as amended by the Court, shall otherwise remain unchanged
and in full force and effect.
After the Court rules (or, if necessary, before, if the Court has not yet ruled) on Digital
Envoy’s pending motions to compel, the parties may stipulate to an additional extension of these
dates (or so move the Court based upon a showing of good cause if they cannot reach agreement)
based on the Court’s rulings.
IT IS SO STIPULATED.
Case 5:04-cv-01497-RS Document 235 Filed 07/13/2005 Page 3 of 5

DATED: July 13, 2005

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By -s-
P. CRAIG CARDON
BRIAN R. BLACKMAN

TIMOTHY H. KRATZ (Admitted Pro Hac Vice)

LUKE ANDERSON (Admitted Pro Hac Vice)
MCGUIRE WOODS, L.L.P
1170 Peachtree Street, N.E., Suite 2100
Atlanta, Georgia 30309
Telephone: 404.443.5706
Facsimile: 404.443.5751
Attorneys for DIGITAL ENVOY, INC.
DATED: July 13, 2005

WILSON SONSINI GOODRICH & ROSATI PC

By -s-
DAVID H. KRAMER
STEPHEN C. HOLMES
Attorneys for GOOGLE INC.
Case 5:04-cv-01497-RS Document 235 Filed 07/13/2005 Page 4 of 5

ORDER
Based on the parties' stipulation and good cause appearing, IT IS ORDERED THAT:

1. On or before July 28, 2005, plaintiff shall disclose expert testimony and reports in
accordance with Federal Rule of Civil Procedure 26(a)(2);

2. On or before August 12, 2005, defendant shall disclose expert testimony and
reports in accordance with Federal Rule of Civil Procedure 26(a)(2);

3. On or before September 12, 2005, all discovery of expert witnesses pursuant to

Federal Rule of Civil Procedure 26(b)(4) shall be completed.
4. After the Court rules (or, if necessary, before, if the Court has not yet ruled) on
Digital Envoy’s pending motions to compel, the parties may stipulate to an additional extension of
these dates (or so move the Court based upon a showing of good cause if they cannot reach
agreement) based on the Court’s rulings.
IT IS SO ORDERED.
DATED: ____________

HON. RICHARD SEEBORG

United States Magistrate Judge

CERTIFICATION
I, P. Craig Cardon am the ECF user whose identification and password are being
used to file the Stipulation and [Proposed] Order re: Amending Scheduling Order. In compliance
with General Order 45.X.B I hereby attest that all parties have concurred in this filing.
DATED: July 13, 2005

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By -s-
P. CRAIG CARDON

Attorneys for DIGITAL ENVOY, INC.

Case 5:04-cv-01497-RS Document 235 Filed 07/13/2005 Page 5 of 5